(a) The board shall recommend a legislative rule to the higher
education policy commission to implement the provisions of this article. The higher education policy commission shall promulgate
a legislative rule in accordance with the provisions of article
three-a, chapter twenty-nine-a of this code which shall include at
least the following provisions:
(1) A requirement that a scholarship will not pay an amount
that exceeds the cost of tuition at state institutions of higher
education and may include an allowance for books and supplies;
(2) A requirement that the student shall first submit the
application/needs analysis form used to apply for federal student
aid programs along with an application for the PROMISE scholarship.
(3) The amount of the PROMISE scholarship awarded in
combination with aid from all other sources shall not exceed the
cost of education at the institution the recipient is attending:
Provided, That this restriction does not apply to members of the
West Virginia National Guard, recipients of an Underwood-Smith
teacher scholarship, and recipients of a West Virginia engineering,
science and technology scholarship;
(4) Minimum requirements for eligibility for the scholarship
which include:
(A) A provision that a student is only eligible to apply for
a scholarship within two years of the time he or she graduates from
high school or, in the case of home school students, passes the GED
examination: Provided, That if a student has entered the United
States armed services within two years after he or she graduates from high school, the student is eligible to apply for a
scholarship within seven years of the time he or she enters
military service: Provided, however, That once discharged from the
military, the student is only eligible to apply for one year from
the date of discharge;
(B) For individuals with zero to fifteen credits from an
institution of higher education, excluding credits earned in
advanced placement and dual credit courses while the student is
enrolled in high school, that the individual: (i) Maintain at
least a 3.0 grade point average in the required core and elective
course work necessary to prepare students for success in
post-secondary education at the two-year and baccalaureate levels
as determined by the board; and (ii) meet other criteria as
established by the board;
(C) For individuals with more than fifteen credits from an
institution of higher education, excluding credits earned in
advanced placement and dual credit courses while the student is
enrolled in high school, that the individual attain and maintain
appropriate academic progress toward the completion of a degree at
the undergraduate education level as defined by the board; and
(D) For all individuals, additional objective standards as the
board considers necessary to promote academic excellence and to
maintain the financial stability of the fund; except that the award
of scholarships shall be based solely on the merit of the individual and not on financial need; and
(E) A provision requiring an eligible individual to be a
resident of West Virginia and a provision allowing for the
eligibility of transfer students;
(5) A provision requiring the student to be enrolled in or in
the process of enrollingaccepted for enrollment in an eligible
institution as defined in section three of this article;
(6) Provisions for making the highest and best use of the
PROMISE scholarship program in conjunction with the West Virginia
prepaid tuition trust act set forth in article thirty, chapter
eighteen of this code;
(7) A determination of whether to require scholarship
recipients to repay the amount of their scholarship, in whole or in
part, if they choose to work outside the state after graduation;
(8) A determination of whether to set aside a portion of the
scholarship funds for targeted scholarships for applicants accepted
or enrolled in an engineering program, science program, technology
program or other designated programs;
(9) A determination of what other sources of funding for
higher education, if any, should be deducted from the PROMISE
scholarship award;
(10) A determination and clarification of the relationship of
PROMISE scholarship awards to all other aid a student may receive
to provide maximum coordination. The determination shall consider the following:
(A) Methods to maximize student eligibility for federal
student aid dollars;
(B) A requirement that PROMISE scholarship awards not supplant
tuition and fee waivers; and
(C) Clarification of the relationship between the PROMISE
scholarship program, tuition savings plans and other state student
aid and loan programs;
(11) A method for the award of scholarships within the limits
of available appropriations; and
(12) A method for applicants to appeal determinations of
eligibility and continuation;
(13) Provisions for allowing home-schooled individuals to
receive awards;
(14) Provisions for allowing individuals who have received a
general equivalency diploma to receive awards; and
(15) A requirement that any individual receiving an award
under this article, agrees as a condition of receiving the award,
that if the person fails to receive a degree within a reasonable
time, that the total amount of funds received will be repaid at a
low rate of interest and within a time, determined by the board.
(b) The Legislature hereby declares that an emergency
situation exists and, therefore, the policy commission may
establish by emergency rule, under the procedures of article three-a, chapter twenty-nine-a of this code, a rule to implement
the provisions of this section. If established, theNew rules
implementing the visions to this section shall be filed with the
legislative oversight commission on education accountability and
with the office of the secretary of state on or before the first
day of September, two thousand onefive.

NOTE: The purpose of this bill is to provide additional
requirements for rules for PROMISE scholarships.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.